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I share 2/3 of an unsubdivided property. The other 1/3 belongs to my uncle who passed away. The land is still under his name. His wife stays in Canada. I have paid $30k already to subdivide my share. But the Min of Lands has advised me that we need his wife's signature when we had lodged the application. I have never met his wife on my life and don't have any contact with them abroad. She is very old and in her 80s. Is there any way I can work around to getting them to sign etc, as I have lots are to be sold.
Answers (1)
Posted Wed, Jul 3, 2024 4:31 AM
Good afternoon, and thank you for the query.
You have identified a number of issues with your synopsis.
It will be hard to get around getting things done without the Aunt’s signature, and makes things harder if you are not in contact with her. Essentially, the Aunt will need to get a probate issued for the deceased Uncle’s estate, before being able to deal with the 1/3 share in any manner whatsover (her name is not on the title, as you said). The probate will still be needed even if you were selling the lots with the Aunt.
Again, with the Aunt being more than 80 years old, the probate under the name of the deceased Uncle ought to be expedited.
The following needs to happen:
- Locate the Aunt;
- Check whether there was a will created by the deceased Uncle (wills make things easlier);
- Discuss the issuance of a probate. In case there was no will then the 1/3 share of the property falls within the estate of the deceased Uncle and so, you will need to identify the ‘issues’ of the children of the Uncle as they would then have a share;
- If (3) does not apply then, you may consider buying the 1/3 share from the Aunt after taking out a probate or make an arrangement to pay her from the proceeds of sale or any other suitable arrangement.
For legal work, you will need a lawyer to:
- Undertake an investigation of the property
- Prepare a probate application for the Aunt;
- Once a probate is issued after all formalities, then prepare a Sale and Purchase Agreement with the Aunt;
- Prepare a Transfer document after suiatble arrangements;
- There may be a need to surrender the intial lease or title to obtain new leases or titles for the subdivided plots;
- Make Sales and Purchases Agreements with the new buyers;
- Attend to FRCS or regulatory consents (where applicable);
- Attend to settlement (new sale).
The above is quite a scope of work that will be required.
Artemis Legal & Consultancy is able to assist but will need to itemise the scope of work before providing any sort of cost estimations. In the meantime, please advise:
- What sort of property is it?
- What is the estimated initial value of the property?
- What is the current value?
- Are there any buyers lined-up?
Happy to discuss if you need to engage our services.
Many thanks.
Vishal Anand
Barrister & Solicitor
Artemis Legal & Consultancy
Mobile no. (679) 8390846
Email – vishal@artemis-legal.com
Newly established and fast growing law firm managed by Vishal Anand. Vishal has previous prosecution, in-house and compliance experience in...
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